Busting Out of the Cage

Written by Eric Olsen
Published July 21, 2003
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....It's time for us to wise up and to redraw copyright's boundaries so that the law and reasonable public expectations fall into better alignment with one another. To be sure, this may require more, rather than less, subtlety. We should treat protections for computer software in a different way than music, for example, and lengthy copyright terms should be available only to those who bother to check in with the Copyright Office every few years. But we do ourselves a disservice by fixating on current income structures and not thinking about future possibilities premised on amazing technological advances, especially when the rights at issue concern the flows of ideas, something fundamental to free societies.

Scholars like William Fisher of Harvard Law School have floated ideas as sensible as they are radical - not to mention offensive to almost every interest in the copyright debates, from publisher to middleman to anarchist. He suggests in an upcoming book that ISPs remit to publishers a fee loosely based on the amount of copyrighted digital content that they are roughly calculated to be carrying, at which point people can trade music to their hearts' content.

Overhauling copyright will have costs to some. In the absence of tough copyright controls, investors may decide not to underwrite a $200 million blockbuster film because copying of the final product may unduly reduce their expected profit. But the cost of making no change at all must also be soberly assessed because the Internet offers such a staggering potential for the rapid transformation and evolution of ideas--a veritable Jazz Age of creation enabled by technology.

I pay my taxes. I have no idea how to calculate them, but I do what Turbotax tells me to. I'll pay a copyright tax, too, and willingly support artists whose work I appreciate, because it's the right thing to do and because it guarantees that more work will be made available to me. I'm not alone. So: Let's imagine a world in which Teddy Ruxpin can say whatever he wants, where kids can play with computers that are not digitally locked down, where bars and restaurants can stop measuring their TVs and their parking lots, and where amateur webcasters can create thousands of radio stations featuring songs we like, perhaps ones that sound familiar but that have new elements to them. We'll still buy concert tickets, books, and CDs and their digital descendants. They'll be competing with a lot more, though - created for fun, even if it happens to turn a profit. [Legal Affairs] Many of the finest legal minds in the country are coming to the same conclusion - unless you can come up with a better answer, get in line or get out of the way and shut up about it.

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Career media professional Eric Olsen is honored to be the founder and publisher of Blogcritics.org, which, quite frankly, rules - as do his wife and four children.
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Busting Out of the Cage
Published: July 21, 2003
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Section: Sci/Tech
Filed Under: Sci/Tech: Internet, Culture: Media
Writer: Eric Olsen
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